000 01917cab a2200205 4500
001 ##L133984
008 060627n2006 000 0 eng u
035 _a(Sirsi) u133984
041 0 _aeng
245 0 0 _aLunn Poly Ltd and another v Liverpool and Lancashire Properties Ltd and another
260 _c2006
490 0 _aEstates Gazette
_v(0625) 24 June 2006, 210-217(8)
520 _a[2006] EWCA Civ 430, 15 March 2006. Concerns the basis in terms of date for assessing damages in lieu of an injunction. Appellant landlord LI leased a shopping centre unit to tenant LU. A dispute was precipitated by a failure to come to agreement over relocating a fire door as a part of improvement works being carried out by LI. LU wanted a suitable financial incentive. LI proceeded with bricking up the fire door. LU applied for and received an injunction against LI and re-opened the fire door. LI brought an action for breach of covenant with forfeiture of lease, on the basis that LU had irregularly assigned the lease to an associated company. LU brought an action for relief from forfeiture. The judge found in LU's favour and awarded damages in lieu of an injunction. LI submitted that the damages should be assessed at the date of breach. "Held": appeal dismissed. The valuation for compensatory damages should not proceed on the basis that the lease was liable to forfeiture ("AMEC Developments v Jury's Hotel Management" (ChD, Abs63601) considered), and the judge had been entitled to refuse an enquiry as to damages.
590 _aIKA040706
650 2 4 _aLUNN POLY LTD AND ANOTHER V LIVERPOOL AND LANCASHIRE PROPERTIES LTD AND ANOTHER
650 2 4 _aAMEC DEVELOPMENTS LTD V JURY'S HOTEL MANAGEMENT (UK) LTD
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES-BREACHING COMMERCIAL LEASES
942 _n0
999 _c77307
_d77307